MT Bar Civil Procedure 2 — Questions and Answers
Question 1: Under M.R.Civ.P. 26, a party in Montana civil litigation must provide initial disclosures within:
- 14 days of the scheduling conference
- 21 days of the Rule 26(f) conference (Correct answer)
- 30 days of the first responsive pleading
- 60 days of filing the complaint
Correct answer: 21 days of the Rule 26(f) conference
M.R.Civ.P. 26(a)(1)(C) requires initial disclosures within 14 days after the parties' Rule 26(f) planning conference, unless otherwise ordered.
Question 2: In Montana, attorney-client privilege protects communications that are:
- Made in the presence of third parties
- Confidential communications between client and attorney for the purpose of obtaining legal advice (Correct answer)
- Communications about future crimes only
- Documents prepared in anticipation of litigation
Correct answer: Confidential communications between client and attorney for the purpose of obtaining legal advice
Montana's attorney-client privilege (MCA § 26-1-803) protects confidential communications between client and attorney made for the purpose of obtaining legal advice.
Question 3: Under the Montana Rules of Civil Procedure, a judgment by default may be entered against a defendant who:
- Filed a late answer with court permission
- Failed to plead or otherwise defend within the time allowed (Correct answer)
- Appeared but did not attend trial
- Disputed personal jurisdiction
Correct answer: Failed to plead or otherwise defend within the time allowed
M.R.Civ.P. 55 allows entry of default against a party who has failed to plead or otherwise defend, and a default judgment may then be entered by the court.
Question 4: In Montana civil procedure, a party seeking to amend its pleading after the opposing party has responded must:
- File the amended pleading as a matter of right within 21 days
- Obtain written consent of opposing party or leave of court (Correct answer)
- Wait until the close of discovery
- Refile the entire complaint
Correct answer: Obtain written consent of opposing party or leave of court
Under M.R.Civ.P. 15(a)(2), after the 21-day period for amendment as of right passes, a party may amend only with the opposing party's written consent or the court's leave, which is freely given when justice requires.
Question 5: Montana uses which standard to review a district court's grant of summary judgment on appeal?
- Abuse of discretion
- Clearly erroneous
- De novo (Correct answer)
- Plain error
Correct answer: De novo
The Montana Supreme Court reviews summary judgment rulings de novo, applying the same M.R.Civ.P. 56 standard as the district court without deference.
Question 6: In Montana, the doctrine of res judicata (claim preclusion) bars relitigation of a claim that:
- Involves the same parties and same legal theory only
- Was or could have been raised in prior litigation between the same parties that resulted in a final judgment on the merits (Correct answer)
- Was dismissed without prejudice
- Involves a new defendant not in the prior suit
Correct answer: Was or could have been raised in prior litigation between the same parties that resulted in a final judgment on the merits
Montana's res judicata doctrine bars not only claims actually litigated but also all claims arising from the same transaction that could have been raised in the prior proceeding.
MT Bar Civil Procedure 2
Under M.R.Civ.P. 26, a party in Montana civil litigation must provide initial disclosures within: